Indiana Court of Appeals
First impression in jury rule issue
September 2, 2009
Jennifer NelsonThe participation of alternate jurors in discussions of evidence during recesses from trial, as allowed under Indiana Jury
Rule 20(a)(8), doesn't violate Indiana statute that prevents alternates from participating in deliberations. The Indiana
Court of Appeals ruled on the matter for the first time today.
MoreCourt erred in denying court-appointed counsel
September 2, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed a man's convictions because the trial court failed to adequately ascertain whether
he was indigent for purposes of court-appointed counsel.
MoreJudges disagree on search validity
August 31, 2009
Jennifer NelsonOn remand from the Supreme Court of the United States to reconsider under a recent ruling, the Indiana Court of Appeals reaffirmed
the forfeiture of a woman's car following the arrest of her son for driving while suspended. One judge dissented because
she believes the search of the vehicle was unreasonable in light of the recent ruling.
MoreAmended ordinance doesn't apply to travel plaza
August 31, 2009
Jennifer NelsonAn Allen Superior Court correctly ruled that a travel plaza had a vested right to develop its plans under an original zoning
ordinance, the Indiana Court of Appeals affirmed today.
MoreJudges disagree on remand instructions
August 28, 2009
Jennifer NelsonIndiana Court of Appeals judges unanimously agreed today that a defendant's petition for expungement of his arrest shouldn't
have been denied by the trial court, but they disagreed as to what should happen on remand.
MoreInstant offense considered 'unrelated' per statute
August 28, 2009
Jennifer NelsonThe trial court was correct in interpreting the state's habitual offender statute to include an instant conviction as
one of the "unrelated" convictions referred to in the statute, the Indiana Court of Appeals ruled today.
MoreCOA: Business is a nuisance to homeowners
August 26, 2009
Jennifer NelsonDespite modifications to a mycelium-drying business located adjacent to a farmhouse, the business is still a nuisance that
deprives the homeowners from the free use and enjoyment of their property, ruled the Indiana Court of Appeals.
MoreHearing didn't consider all statutory factors
August 25, 2009
Jennifer NelsonIn a modification of physical custody case, the Indiana Court of Appeals remanded for further proceedings because the trial
court was required to hear evidence on and consider all of the factors listed in Indiana Code Section 31-17-2.2-1(b).
MoreWorker's suicide fails chain of causation test
August 21, 2009
Jennifer NelsonA widow's request for workers' compensation benefits of her deceased husband can't be granted because his death at work was
caused by a knowingly self-inflicted injury, the Indiana Court of Appeals ruled today. The woman failed to satisfy the chain
of causation test in trying to prove an initial work-related event led to her husband's death.
MoreJudges disagree if testimony is hypothetical
August 18, 2009
Jennifer NelsonIndiana Court of Appeals judges disagreed over whether two doctors' expert witness testimony in a medical malpractice
case used hypothetical language that couldn't raise a genuine issue of fact.
MoreIDEM could fire employee for ethics violation
August 17, 2009
Jennifer NelsonThe state's Ethics Commission correctly concluded an Indiana Department of Environmental Management employee violated
a provision of the ethics code when he bought gas with a state-issued credit card at a gas station he partly owned.
MoreTrial court erred in denying motion to continue
August 17, 2009
Jennifer NelsonA Marion Superior trial court should have granted a woman's motion to continue the day of her bench trial because she
had a constitutional right to present a defense to support her involuntary intoxication argument, the Indiana Court of Appeals
decided today.
MoreCOA rules on parenting time restriction
August 14, 2009
Jennifer NelsonIndiana Court of Appeals judges had differing opinions as to whether the trial court was required to enter findings during
a hearing in which a mother's parenting time was restricted.
MoreState's policy in court doesn't violate constitution
August 12, 2009
Jennifer NelsonThe state's refusal to waive jury trials in one Marion Superior Court doesn't violate the constitutional rights of
the mentally ill defendants who appear in that court, ruled the Indiana Court of Appeals.
MoreCOA disagrees on damages to bidder
August 12, 2009
Jennifer NelsonIndiana Court of Appeals judges disagreed today whether a company should be entitled to damages when it lowered its bid for
work at a state-run hospital based on fraudulent information from another bidder.
MoreArguments Thursday in infant sleeping death
August 12, 2009
IL StaffThe Indiana Court of Appeals will hear arguments tomorrow in a negligence suit filed by parents after their infant died while
sleeping on a couch with his mother.
MoreJudge argues ruling puts form over substance
August 10, 2009
Jennifer NelsonThe chief judge of the Indiana Court of Appeals dissented from his colleagues in an insurance dispute because he believes
the decision leads to "an inequitable result."
MoreCourt upholds out-of-state juvenile placement
August 10, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed the placement of a juvenile delinquent in an out-of-state shelter care facility over
the objection of the Indiana Department of Child Services, finding the trial court complied with statutes that allow it to
place the juvenile in a non-Indiana facility. A recent change to one of those statutes now shifts the burden of payment to
out-of-state facilities from DCS to the counties.
MoreCounty must pay for parent's appointed attorney
August 7, 2009
Jennifer NelsonNoting a paradigm shift in parental rights termination cases due to House Enrolled Act 1001, one Indiana Court of Appeals
judge believed the Department of Child Services instead of the counties should be responsible for the costs of appointed counsel
in these types of proceedings.
MoreCOA: physical condition, injury equal one injury
August 6, 2009
Michael HoskinsThe Indiana Court of Appeals isn't convinced it needs to address the issue of pre-existing, non-work related physical
conditions as it relates to a pizzeria cook's worker compensation case.
MoreCouple should be allowed truck title
August 5, 2009
Jennifer NelsonThe Indiana Court of Appeals affirmed summary judgment in favor of a couple in a vehicle title dispute, ruling the pair should
be allowed to take the title free of an auto auction's security interest in the truck.
MoreInsurer must provide underinsured coverage
August 4, 2009
Jennifer NelsonAn insurance policy that doesn't provide uninsured or underinsured motorist coverage to all insureds is contrary to public
policy based on Indiana statute, affirmed the Indiana Court of Appeals.
MoreCOA: Trial delays not defendant's fault
August 4, 2009
Jennifer NelsonThe Indiana Court of Appeals reversed the denial of a motion for discharge pursuant to Criminal Rule 4(C) because the court
incorrectly attributed delays to the defendant.
MoreCOA reverses one dismissal of inmate's suit
August 3, 2009
Jennifer NelsonThe New Castle inmate with a history of filing frivolous lawsuits got a minor victory in the Indiana Court of Appeals today.
The judges reinstated his complaint against the only person who presided over the inmate's disciplinary hearing for a
Department of Correction rule violation for filing a frivolous claim.
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Court Calendar
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May 22, 2013 Floyd Weddle v. State of Indiana - 5/22/13
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May 24, 2013 Indiana Patient's Compensation Fund v. Judy Holcomb, Personal Representative of the Estate of Mable Louise Cochran, deceased - 5/24/13
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May 28, 2013 The Estate of Richard A. Mayer and Spangler, Jennings & Dougherty, P.C., v. Lax, Inc., and David Lasco - 5/28/13
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June 12, 2013 Northern Assurance Company of America v. Thomson, Inc., et al. - 6/12/13
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Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...
Yikes!